What are the rulings for dividing the inheritance in this case, and what is the status of the household furniture, the husband's clothes, and the deferred dowry? Is the social security pension divided according to regulations or according to Sharia? What is the ruling on the mother preventing the husband's family from taking the child to their home when he is young, and when does the mother's right to custody of her young child continue? If the mother remarries, can the grandmother waive custody to the mother, and do the grandfather or paternal uncles have the right to object to that?
If a man dies leaving a father, mother, wife, and son, the inheritance is divided as follows: the father receives one-sixth, the mother receives one-sixth, the wife receives one-eighth, and the remainder goes to the son by way of ta'sib (residuary heir). Thus, the estate is divided into 24 shares: 4 shares for the father, 4 shares for the mother, 3 shares for the wife, and 13 shares for the son.
The estate includes everything owned by the deceased. However, what the wife owns from her private wealth or what was gifted to her and she took possession of before the death does not enter into the estate.
Regarding the social security pension: if it is a lifelong grant for the wife and son, then it belongs to them. If it comprises entitlements deducted from the deceased's salary or end-of-service benefits, then it is part of the estate and is distributed among all heirs.
Concerning the property that was said to have been written in the son's name by the father, mere writing does not make it the son's property unless the gift was taken possession of and proven by lawful evidence.
The custody of the child belongs to his mother, and she has the right to prevent him from spending the night at his grandfather's house, but it is not permissible to prevent the grandfather from seeing him during the day.
The custody of a boy ends when he reaches seven years of age, at which point he is given the choice between his mother and his father, or his grandfather in case of the father's death, and the grandfather in this case is like the father. If the mother remarries, her right to custody is forfeited and transfers to the maternal grandmother. If the maternal grandmother waives her right, custody transfers to the next in the lawful order.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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